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2006-167 '- "' 2006-167 Resolution Accepting Detention Pond Constructed In Furtherance of the Carmel Heights Subdivision and Accepting Maintenance Agreement Secured by Letter of Credit At a regular meeting ofthe Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 26th, 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board has previously accepted all of the improvements made in connection with the Carmel Heights Subdivision exclusive of a Detention Pond, all in accordance with a Resolution dated October 27th, 2003; and WHEREAS, the developer, Z&M Development Corp. has completed construction of the Detention Pond to the satisfaction of the Town Highway Superintendent, Graham Foster and the Engineer to the Town, Joseph E. Paggi, Jr., in accordance with a letter dated June 5th, 2006, from Joseph E. Paggi, Jr. to the Town Board; and WHEREAS, the Town Board has determined that it is in the best interests of the residents of the Town of Wappinger, and particularly the residents of the Carmel Heights Subdivision, to accept the Detention Pond as constructed and improved; and WHEREAS, pursuant to the subdivision regulations of the Town of Wappinger, Z&M Development Corp. is required to guarantee the quality and workmanship of the Detention Pond and to guarantee that the same will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to Secure the obligations to guarantee the quality and workmanship of the construction ofthe Detention Pond, Z&M Development Corp., has executed a Maintenance Agreement Secured by a Letter of Credit issued by the Bank of New York in the sum of Seven Thousand Seven Hundred Dollars ($7,700.00), in favor of the Town of Wappinger all in accordance with the letter dated June 5th, 2006, from Joseph E. Paggi, Jr. to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the residents ofthe Town of Wappinger, particularly the residents ofthe Carmel Heights Subdivision, to . .., .~ accept the Detention Pond installed, constructed and approved in accordance with the Resolution of Subdivision Approval authorizing the creation of the Carmel Heights Subdivision. 3. The Town Supervisor, Joseph Ruggiero, the Town Clerk, John C. Masterson, the Engineer to the Town, Joseph E. Paggi, Jr., and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have any deeds and/or easements, and/or any other related documents previously offered for dedication to the Town and held by the Town Clerk, to have same recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary to effectuate such recording and/or filing. 4. The Town Board hereby authorizes release of the Letter of Credit in the sum of Thirty- Eight Thousand Five Hundred Dollars ($38,500.00), previously posted by the developers Z&M Development Corp. for the construction ofthe Detention Pond simultaneously with the deposit of a new Letter of Credit in the sum of Seven Thousand Seven Hundred Dollars ($7,700.00), to guarantee the Maintenance Agreement to be posted in accordance with this Resolution. 5. The Town Board hereby authorizes the Town Supervisor, Joseph Ruggiero, to accept a Maintenance Agreement, in standard form, Secured by a Letter of Credit issued by the Bank of New York in the sum of Seven Thousand Seven Hundred Dollars ($7,700.00), to guarantee that the Detention Pond will be free from defects in materials and workmanship for a period of one year from the date hereof. The format ofthe Maintenance Agreement and Letter of Credit shall be subject to the review and approval by the Attorney to the Town. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR ROBERT L. V ALDATI, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN JOSEPH P. P AOLONI, COUNCILMAN MAUREEN McCARTHY, COUNCILWOMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 6/26/2006 The Resolution is hereby duly declared adopted. 4'. MAINTENANCE AGREEMENT.SECURED. BY SURETY BOND OR LETTER OF CREDIT WHEREAS, the undersignEad Z & M DEVELOPMENT CORPORATION with !Jffic~s at.o;- residing at 12 PLAZA RD. WAPPINGERS FALLS. NY 12590 has now completed the DETENTION . . POND within Carmel Heights subdivi.sion which is ready to be accepted by the ToV(~ of Wappinger, and pursuant to the ?ubdivision Regulations of the Town of Wappinger is required to guarantee the quality and workmanship of said DETENTION POND within the subdivisio.n for one year after the date of acceptance by the Town Board; and . WHEREAS, to secure the obligation to guarantee sale! roads and public improvements, the undersigned has obtain a letter of credit # $7,700.00 issued by Bank of New York bearing serial # in the amount of NOW THEREFORE, the undersigned, as principal, guarantees the quality and workmanship of the DETENTION POND and will maintain and repair all work related to said pond, within the subdivision known as CARMEL HEIGHTS filed in the Dutchess County Crerk's Office on the 12 day of May 1983 as map number 6611 and that the undersigned will guarantee, maintain and repair same in accordance with the ordinances, local laws, rules, regulations and code of the Town of Wappinger for one year from the date of acceptance of said DETENTION POND by the Town Board 'of the Town of Wappinger. As security for this obligation, I hereby deliver to the Town of Wappinger the following security for the faithful performance of this obligation: LlC issued by Bank of New York, Serial # in the amount of $7.700.00 in favor of the Town of Wappinger, which ",~, is attached hereto, and the undersigned consents to the terms thereof as security for this obligation. The undersigned understands that if the security posted hereunder lapses or expires for any reason, then this bond will be in default and lots within the subdivision will no longer be eligible for building permits until new. and sufficient security is posted. DATED: STATE OF NEW YO.RK.' ) )ss: COUNTY OF DUTCHESS. ) On June 26. 2006, befor~ me, the "undersigned, personally appeared Zvi Seaal personally known to me. or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),anq that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individua/(s) acted, executed the instrument. . A.., ~ lj)/) tV' tp~.4d/!~'h BARBARA l. ROBERTI . Notatv Public. State of New York Reg. No. 01 R06130344 . " .,.' .'. Dutchess County My COminIlSion Expire. July 18, 2008 1-" " . ~,-. PAGGI, MARTIN &DEL BENE LLP Consulting Engineers & Land Surveyors ~', \. 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAJ<) June 5, 2006 Town Board Towll of Wappinger 20 Middlebush Road Wappingers Falls~New York 12590 Attention: Hon.J,oseph Ruggiero, Supervisor Reference: Carmel Heights Detention Pond Dear Supervisor Ruggiero & Board Me~bers: RECEIVED JUN 0 9 2006 SUP!::r, ".SUR'S OFFICE TOWN OF WAPPINGER Please ,be advised that this office has m~de a, final inspection of the detenti<;m , pond construction, for the Carmel Heights Subdivision. The inspection was made by myself and Mr.. Graham Foster, Highway Superintendent. Our inspection' revealed that the pond has been completed to the appropriate specifications and, we therefore, recommend acceptance by the Town Board. Please be advised that the performance bond that is currently held could be given back to the developer, and a maintenance bond for 1 year in the amount of 20% of the current performance bond should be tendered. Tania Lukianoff has advised me that the performance bond amount is $38,500, therefore, the one year maintenance bond would be $7,700.00 If there are any further questions or comments, please do not hesitate to contact this office. JEP:law cc: Albert P. Roberts, Esq. Hon. Graham Foster Hon. John C. Masterson George Kolb Tania Lukianoff Joseph E. Paggi, Jr., P.E. Ernst Martin, Jr., P.E., L.S. Charles R. Del Bene, Jr., P.E.